Treasury Counsel

Baroness Hilton of Eggardon: asked Her Majesty's Government:
	Whether His Honour Gerald Butler QC has completed his review of arrangements for the instruction of Treasury Counsel at the Old Bailey.

Lord Williams of Mostyn: His Honour Gerald Butler QC delivered his report to the Attorney General on 18th August 2000. The report recommends the retention of the Treasury Counsel system but makes important recommendations to open up and modernise the Treasury Counsel arrangements. The Government will be accepting most of the recommendations without modification. The system of selecting barristers to be monitored for appointment as Treasury Counsel will be reformed with the aim of encouraging applications from a broader cross-section of the bar (and solicitor advocates) and there will be a higher quality of monitoring so that able barristers have the best chance of an appointment. There will be clear rules as to the maximum permitted length of service for Junior and Senior Treasury Counsel. There will be new criteria governing the ambit of work sent to Treasury Counsel with the aim of reducing their considerable workload and giving other barristers more opportunity to be instructed in cases being prosecuted at the Old Bailey. Murder and manslaughter cases not falling within the criteria will not normally be prosecuted by Treasury Counsel at the Old Bailey in the future. Consideration will be given to instructing Counsel from the provinces in cases at the Old Bailey and, with a reduced volume of work, Treasury Counsel will be freed up to prosecute some cases in the provinces and to be instructed to defend in some cases. The practice whereby Junior Treasury Counsel are paid a brief fee of two-thirds of that of Senior Treasury Counsel leading him or her, whatever work is to be done, will cease. I believe these reforms will be of considerable benefit to the criminal justice system.
	The report and the Government's response have been placed today in the Libraries of each House for the information of members. It is also being published today on the Attorney General's website (www.lslo.gov.uk), with copies being made available to interested parties.

Queen's University Freshers' Fair: OTC Stand

Lord Rogan: asked Her Majesty's Government:
	Whether an approach was made by the Ministry of Defence to Queen's University Belfast or its student union with regard to the Queen's Officer Training Corps being allowed to have a stand at the Freshers' Fair; and, if so, what was the outcome.

Baroness Symons of Vernham Dean: I refer the noble Lord to the Answer I gave to the nobel Earl, Lord Attlee, on Tuesday 31 October, WA 89. No formal application was made to have a stand at the Freshers' Fair.

Waste Incineration Emissions

Baroness Williams of Crosby: asked Her Majesty's Government:
	Whether emissions from waste incinerators, such as dioxins and heavy metals, pose any threat to human health.

Lord Whitty: Emission standards for waste incineration--including those for dioxins and heavy metals--are currently tight and will get even tighter with the proposed Waste Incineration Directive, due to be adopted very shortly. The Environment Agency currently sets a dioxins limit of no more than 1ng 3 m--i.e. no more than 1 part in a billion--whilst the proposed directive will tighten the limit 10-fold to 0.1ng/m 3 . But no emission from any source--e.g. road traffic, domestic appliances, industry, or waste management--will be completely risk-free. The Chief Medical Officer's expert advisory Committee on Carcinogenicity has considered two studies of effects in populations living around the older generation of incinerators--now closed or fully refitted to modern standards--and concluded that any potential risk of cancer from living near a municipal waste incinerator for periods in excess of 10 years was exceedingly low and probably not measurable by the most modern epidemiological techniques. Any consideration of the environmental effects of incineration needs to also take account of the effects of alternative courses of action.

M.25 Junctions: Traffic Lights

Lord Marlesford: asked Her Majesty's Government:
	Whether, in view of the accident record at the junction of the M.25 and the A.13 roads, they will expedite the provision of traffic lights at that junction; which other road junctions with the M.25 do not have traffic lights; and in each case by which date, if any, they expect to install traffic lights.

Lord Whitty: Design work for a full signalisation of this junction is currently in progress and work to install signals at the A.13 junction with the M.25 (Junction 30) is scheduled to start next financial year. The programming of the scheme is currently being examined.
	The following table lists the other junctions on the M.25; whether they are signalised and, if not, any plans to signalise them in the near future.
	
		Table
		
			 M.25 Junction Whether Signalised 
			 1A Fully signalised 
			 1B Fully signalised 
			 2 Fully signalised 
			 3 Fully signalised 
			 4 No proposals to signalise 
			 5 Signalisation not appropriate as junction free flow layout 
			 6 Fully signalised 
			 7 Signalisation not appropriate as junction free flow layout 
			 8 Partially signalised 
			 9 No proposals to signalise 
			 10 Fully signalised 
			 11 Partially signalised 
			 12 Signalisation not appropriate as junction free flow layout 
			 13 Will be fully signalised as part of M.25 Junctions 12-15 widening scheme 
			 14 Scheme to signalise due to start spring 2001 
			 15 Signalisation not appropriate as junction free flow layout 
			 16 Signalisation not appropriate as junction free flow layout 
			 17 No proposals to signalise 
			 18 No proposals to signalise 
			 19 Signalisation not appropriate as junction free flow layout 
			 20 Signalised on a part-time basis 
			 21 Signalisation not appropriate as junction free flow layout 
			 21A No proposals to signalise 
			 22 No proposals to signalise 
			 23 Fully signalised 
			 24 No proposals to signalise 
			 25 Fully signalised 
			 26 No proposals to signalise 
			 27 Signalisation not appropriate as junction free flow layout 
			 28 Fully signalised 
			 29 Will be partially signalised during 2001 
			 31 Fully signalised

Litter: Fixed Penalties and Convictions

Lord Hardy of Wath: asked Her Majesty's Government:
	Over the last four years, how many people have been required to pay a fixed penalty for dropping litter; and how many have been convicted by the courts for this offence.

Lord Whitty: Data for only the last three years are available on the DETR database for issuing and payment of a fixed penalty for dropping litter. During this period 8,256 fixed penalties for litter offences were issued, and 4,633 were paid. During this same period there was a total of 1,500 prosecutions resulting in 1,119 convictions.
	
		Table A: Number of Fixed Penalties Issued for the Offence of Leaving Litter DETR Database covers three years 
		
			 Year Number of penalties issued Number of penalties paid Total sum received £ 
			 1997-98 727 652 16,305 
			 1998-99 4,778 2,520 62,940 
			 1999-2000 2,751 1,461 36,525 
		
	
	Figures for 1999-2000 are provisional.
	
		Table B: Number of Convictions for the Offence of Leaving Litter Home Office Data covers four years
		
			 Year Prosecutions Convictions 
			 1996 626 468 
			 1997 505 352 
			 1998 494 377 
			 1999 501 390

Car Design: Pedestrian Protection

Lord Davies of Oldham: asked Her Majesty's Government:
	What action they propose to take to prevent the European Commission changing the status of the proposed directive on pedestrian friendly car fronts to a voluntary code.

Lord Whitty: The UK has funded much research over the years to support the development of a European initiative to improve the pedestrian protection offered by cars. The issue is to ensure rapid, effective and verifiable action in this area so that we have the best deal for vulnerable road users. We will judge any Commission proposals in this light.

Departmental Cars

Lord Hoyle: asked Her Majesty's Government:
	Further to the Written Answer by Lord McIntosh of Haringey on 16 October (WA 68), what is the policy of the Scotland Office in relation to the disposal of government cars after use.

Baroness Ramsay of Cartvale: The Scotland Office has not purchased any cars. Cars used by Ministers are provided by the Government Car and Despatch Agency. The Cabinet Office will reply to the noble Lord in respect of the GCDA.

Public Debt Repayment and Annuity Rates

Lord Higgins: asked Her Majesty's Government:
	What effect the Chancellor of the Exchequer's proposal in his autumn statement to repay public debt will have on annuity rates.

Lord McIntosh of Haringey: The paying down of a proportion of public debt, in keeping with the Government's published fiscal objectives, will help promote greater economic stability and release resources to the private sector. It will also help maintain the real value of nominal annuities and the income of annuity holders.

Mental Health Act 1983: Responses to White Paper

Baroness Gould of Potternewton: asked Her Majesty's Government:
	When they will publish the Department of Health's summary of responses to the Green Paper Reform of the Mental Health Act 1983 Proposals for Consultation.

Lord Hunt of Kings Heath: We have now published the Department of Health's summary of responses to the Green Paper, Reform of the Mental Health Act 1983 Proposals for Consultation. Copies of the summary have been placed in the Library; and, where authors have agreed, copies of their responses to the Green Paper have also been placed in the Library.

Prostate Cancer and PC-SPES

Lord Acton: asked Her Majesty's Government:
	What action they propose to take in the light of the University of California's research into the treatment of prostate cancer by PC-SPES.

Lord Hunt of Kings Heath: The University of California research assessed the potential anti-tumour activities of PC-SES, a herbal mixture used by some patients with prostate cancer in the USA. Evidence of its effectiveness will be considered in the systematic review of evidence undertaken as part of the development of Improving Outcomes guidance for urological cancers. This guidance is being developed by the National Institute for Clinical Excellence and will be published next year. The guidance will focus on aspects of service design and best treatment for patients with urological cancers.

Department of Health: Legal Advisers

Lord Pearson of Rannoch: asked Her Majesty's Government:
	Whether the Department of Health is free to employ the legal advisers who act for their French counterparts; and, if not, why not.

Lord Hunt of Kings Heath: The Department of Health, like any other government department, is free to seek legal advice from independent private sector lawyers. Such lawyers could, provided they avoided any conflict of interest, provide legal advice to the French Government also. The United Kingdom Government are not aware that in-house lawyers employed by the French Government hold themselves out as available to advise the UK Government.

Home Office and Lord Chancellor's Department: Staff Numbers

Lord Windlesham: asked Her Majesty's Government:
	What was the total number of staff employed in (a) the Home Office and (b) the Lord Chancellor's Department in 1997, 1998, 1999 and 2000; and what was the annual cost of staff employed in each department in each of these years.

Lord Bassam of Brighton: The source of this information for the Home Office was given on 6 November Official Report, col. (WA 122-124). The costs and staff figures for the Lord Chancellor's Department for the years 1997-2000 are given at paragraph 163 on page 56 of the Lord Chancellor's Department's Departmental Report 1999-2000 (Cm 4606), which is available in the Library.

Electronically Monitored Curfew Orders for 10 to 15 Year-olds

Baroness David: asked Her Majesty's Government:
	What action they intend to take in respect of electronically monitored curfew orders for 10 to 15 year-olds following the pilots in Greater Manchester and Norfolk.

Lord Bassam of Brighton: My right honourable friend the Home Secretary has announced today that, following successful trials, electronically monitored curfew orders for 10-15 year olds will be available to the courts from 1 February 2000.
	The curfew orders will be a means of keeping young offenders at home, off the streets and away from shopping centres and other places where they may get into trouble. By keeping young offenders out of harm's way, we believe the curfew order should be able to prevent young offenders from reoffending and help protect the public.
	The roll-out of electronically monitored curfews for 10-15 year olds should be seen within the context of the youth justice reforms as a whole. Tackling youth crime and reforming the youth justice system remains a key priority.
	The evaluation report of the trials is being published today. Copies have been placed in the Library.

Immigration Detainees: Internal Reviews

Lord Avebury: asked Her Majesty's Government:
	Why reasons for continued detention in Immigration Service detention reviews are not routinely disclosed to detainees.

Lord Bassam of Brighton: When people are initially detained they are given reasons for their detention in writing. Similarly they are informed in writing when the basis of their detention changes. The cases of those held in detention under the Immigration Act 1971 are subject to regular reviews by the Immigration Service. These review are part of the internal process designed to ensure that continued detention is justified in every case. Detainees receive full information about the reasons for their detention and the progress on their case. For this reason it is not necessary to provide details of these internal reviews.

Third Way Policy

Lord Patten: asked Her Majesty's Government:
	On what date the Prime Minister last announced a new policy specifically as a Third Way policy; and what was the nature of the announcement.

Lord Falconer of Thoroton: I refer the noble Lord to my Answer of 25 October, Official Report, col. WA 34.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	What are the criteria used by the Northern Ireland Human Rights Commission in deciding whether to investigate a case; and whether the Commission will investigate the murder of Billy Wright in the Maze Prison in December 1998.

Lord Falconer of Thoroton: Section 69(8) of the Northern Ireland Act 1998 provides the Northern Ireland Human Rights Commission with the power to conduct "such investigations as it considers necessary or expedient", for the purpose of exercising its functions. The commission's programme of investigations is therefore a matter for the commission itself. I have asked the Chief Commissioner of the Northern Ireland Human Rights Commission to write to the noble Lord. A copy of his letter will be placed in the Library.

Northern Ireland Human Rights Commission

Lord Laird: asked Her Majesty's Government:
	How the Northern Ireland Human Rights Commission intends to fulfil its commitment, as stated in its Strategic Plan 2000-02, "to be completely independent from any outside influence" such as "a non-governmental human rights organisation", when six out of 10 of the commission's members are also members of the Committee for the Administration of Justice.

Lord Falconer of Thoroton: How the Northern Ireland Human Rights Commission intends to fulfil its commitments is a matter for the commission, which is an independent body. I have therefore asked the Chief Commissioner to reply to you direct. A copy will be placed in the Library of the House.

Electronic Communications Act 2000, Section 8

Lord Hughes of Woodside: asked Her Majesty's Government:
	What progress has been made in the use of the powers in Section 8 of the Electronic Communications Act 2000.

Lord Falconer of Thoroton: The Electronic Communications Act 2000 contains in Section 8 a power to amend legislation by statutory instrument, to authorise or facilitate electronic communication or storage. The first order laid before Parliament under this section is the Companies Act 1985 (Electronic Communications) Order 2000 amending company law, of which a draft was laid before the House on 23 October under the affirmative resolution procedure.
	The second order to be laid before Parliament is planned to be an order by my honourable friend the Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (DETR), to allow electronic communication between the DETR and local authorities of Housing Revenue Account subsidy determination and decisions.
	In her memorandum submitted to Parliament during the passage of the Electronic Communications Bill in January 2000, my honourable friend the Minister for Small Business and e-Commerce said, "The Government envisages that the first Order would be subject to an affirmative resolution, but that Orders under clause 8 would normally be subject to a negative resolution. After the first Order therefore the affirmative resolution procedure would be used only exceptionally, with any Orders that raised major issues of principle."
	As no major issues of principle are raised by the DETR order, my honourable friend the Parliamentary Under-Secretary of State, DETR, has made it subject to the negative resolution procedure. This will enable it to come into force in time for the annual determination of Housing Revenue Account Subsidy. The order has therefore been made, and is likley to come into force, before the company law order.

Millennium Dome: Future Plans

Lord Dubs: asked Her Majesty's Government:
	What plans they have for the future of the Millennium Dome after 31 December 2000.

Lord Falconer of Thoroton: Since the withdrawal of the bid from Nomura for the Dome in September, we have received numerous unsolicited expressions of interest from parties interested in procuring the Dome, including one from PY Gerbeau. These have all been outside the terms of the competition.
	Within the context of the competition, the competition team has been continuing its discussions with Legacy plc, and in the light of progress the Government has now decided to grant Legacy preferred bidder status. Legacy plc have been awarded preferred bidder status because they have confirmed that they will resolve all outstanding contractual issues within an agreed timetable. Negotiations will continue, and if all goes well we expect to exchange contracts during February. Progress will be reviewed regularly.
	English Partnerships will be working closely with Legacy plc to agree a masterplan for the Dome and associated land.
	In addition, English Partnerships and the London Borough of Greenwich are working together, and are in discussion with the London Development Agency, to put in place a new partnership for the next stage of the regeneration of the Greenwich Peninsula, This will build on the work done so far on the development of the Peninsula, including the Dome site, the Millennium Village, and retail and commercial investments, and the emerging development framework for East Greenwich Riverside.

Zanzibar: Free Elections

Lord Steel of Aikwood: asked Her Majesty's Government:
	Following the critical report of the Commonwealth observer mission on the election in Zanzibar; what representations they have made to the government of Tanzania to help secure fair and free elections on the island under a genuinely independent electoral commisison.

Baroness Scotland of Asthal: Commonwealth and other international observers were unanimous in their strong criticism of the organisation of the elections on Zanzibar on 29 October. We, with EU colleagues, criticised the decision to rerun the elections in only 16 constituencies on 5 November and under the supervision of the current electoral commission. The EU also condemned the excessive use of force by the security forces against Zanzibaris.
	My honourable friend Peter Hain MP spoke to the Tanzanian Foreign Minister on 4 November to express our concerns about the situation. He particularly urged the security forces to act with restraint. We will continue to press the Tanzanian authorities to find a solution to the political crisis that respects the democratic and human rights of all Zanzibaris. We have been encouraged by the recent release of opposition members who had been imprisoned on politically motivated treason charges for nearly three years. We hope that this is an indication of a genuine desire for reconciliation and openness on the part of the Zanzibar authorities.

Millennium Volunteers

Lord Redesdale: asked Her Majesty's Government:
	Whether they have any plans to reduce the time commitment expected from millennium volunteers.

Baroness Blackstone: There are no plans to reduce the 200 hours of voluntary activity required to achieve the Millennium Volunteers Award of Excellence. Over 900 young people have already received Millennium Volunteers Awards. Young people also receive a Millennium Volunteers Certificate after 100 hours' voluntary activity in recognition of their achievement. We have contracted with 160 projects throughout England.

EU Rural Development Initiative

Lord Tomlinson: asked Her Majesty's Government:
	What arrangements have been made for the implementation of the European Community Initiative for Rural Development (the LEADER+ Programme) in England.

Baroness Hayman: MAFF has submitted the draft England LEADER+Programme to Brussels; similar arrangements are being made for Scotland, Wales and Northern Ireland.
	Copies of the Programme document are to be placed in the Libraries of both Houses.

E-Commerce: Customer Protection Directive

The Earl of Northesk: asked Her Majesty's Government:
	What is their response to the current European Commission proposals with respect to customer protection on the Internet, particularly in the light of recent criticism from the Alliance for Electronic Business.

Lord Sainsbury of Turville: The Commission's revised proposal for a Community Regulation on jurisdiction in civil and commercial matters includes in Article 15 consumer provisions which in certain circumstances would allow consumers to sue in their home courts when in dispute with traders in other member states. In particular, consumers would be entitled to do so where the trader, "pursues commercial or professional activities in the Member State of the consumer's domicile or . . . directs such activities to that Member State".
	The Government's approach is to seek to avoid placing significant extra burdens on business, while taking into account the need to build consumer confidence in e-commerce. In the light of this we welcome the Commission's proposal to delete Recital 13 of its original proposal, which defined "directs such activities" in such a way that all transactions involving Internet websites would automatically have been covered by Article 15. Member states have provisionally agreed that this recital should be deleted.
	The Government agree with the Alliance for Electronic Business (AEB) that it would be desirable to have a new definition of "directs such activities". One possibility would be to provide that Article 15 would only apply where websites are intentionally targeted at particular member states. The fact that a website is accessible in different countries, or uses languages or currencies which are in common use in several countries, should not by itself indicate that a trader's activities are directed to those countries.
	The Government also agree with the AEB that it would be desirable for the Presidency to allow more time for member states to discuss the implications of Article 15 for e-commerce, and for the five-year review period for the regulation to be shortened. We have proposed that the Commission be required to review the impact of Article 15, particularly on smaller firms, at the same time as the review of the Directive on Electronic Commerce, which is to be completed by July 2003.
	The Government believe that in many future cases the best way to resolve contractual disputes will be through low cost, user friendly alternative dispute resolution (ADR) schemes such as arbitration and ombudsmen. We support proposals from other member states that the regulation should be accompanied by a joint statement from the Council and the Commission drawing attention to the importance of developing cross-border ADR in the single market.

Internet Fraud Prevention

The Earl of Northesk: asked Her Majesty's Government:
	How they intend to respond to the recent survey from the SAS Institute revealing that 62 per cent of top tier companies across all sectors in the United Kingdom have no measures in place to combat Internet fraud.

Lord Sainsbury of Turville: This seems to confirm the findings of our own survey on information security breaches, which the DTI published in April 2000, where a thousand organisations of all sizes and across a range of sectors were interviewed. Internet security is clearly a matter for business but the Department of Trade and Industry promotes good information security practice to UK business. In particular, the department has promoted the use of British Standard 7799, which gives a management and organisational framework for implementing best practice in information security. This framework is grounded in the assessment of risk and the application of appropriate controls to counter those risks.

Autism and MMR Vaccination

Lord Clement-Jones: asked Her Majesty's Government:
	Whether the study or causal factors of autism announced by the Medical Research Council on 3 April will investigate the measles, mumps and rubella vaccination.

Lord Sainsbury of Turville: The study in question is led by Professor Andrew Hall of the London School of Hygiene and Tropical Medicine. It is a population-based case controlled study to identify possible causes of autism. It will determine whether autistic children have an abnormal history of medical conditions, such as problems during birth or viral infections in the womb. The research will include investigating the association, if any, between MMR vaccination and autism.

Mirror Group Newspapers plc Investigation: Payments to Inspectors

Lord Williams of Elvel: asked Her Majesty's Government:
	What payments in pursuance of their duties have been made to each of the two Inspectors appointed in 1992 to investigate the affairs of Mirror Group Newspapers plc, broken down for each year since then up to October 2000.

Lord Sainsbury of Turville: A full analysis of payments made to the two inspectors in the case of Mirror Group Newspapers plc, Sir John Thomas and Raymond Turner, could only be produced at disproportionate cost. However, since taking up his judicial appointment in 1996, for which he receives a salary from the public purse, Sir John Thomas has not sought payment in respect of his work on the inspection.

Coal Industry Pension Scheme Surpluses

Lord Roberts of Conwy: asked Her Majesty's Government:
	What sums they have obtained annually as guarantor from surpluses arising from the Mineworkers Pension Scheme (MPS) and the British Coal Staff Superannuation Scheme (BCSSS) since 1994 at constant prices; what percentage increases have been awarded annually to pensioner beneficiaries under the MPS and the BCSSS; and what has been their total value annually at constant prices.

Lord Sainsbury of Turville: As a result of arrangements established in 1994, the Government receive 50 per cent of actuarial surpluses in the MPS and the BCSSS in exchange for providing the schemes with solvency guarantees. The cash values of receipts from the two schemes since payments began in 1996-97 are as follows:
	
		
			 Cash 
			 £ millions 1996-97 1997-98 1998-99 1999-2000 2000-01 
			 BCSSS 39.5 39.5 107.1 107.1 53.9 
			 MPS 0.0 113.0 113.0 0.0 257.0 
			  
			 Total 39.5 152.5 220.1 107.1 310.9 
		
	
	The department's calculation of the value of these sums at 1999-2000 prices, using the GDP Deflator (the 2000-01 deflation factor is an estimate based upon HM Treasury's current working assumptions), is as follows:
	
		
			 1999-2000 Prices 
			 £ millions 1996-97 1997-98 1998-99 1999-2000 2000-01 
			 BCSSS 42.9 41.7 109.8 107.1 52.7 
			 MPS 0.0 119.3 115.9 0.0 251.3 
			  
			 Total 42.9 161.0 225.7 107.1 304.0 
		
	
	Pension levels are a matter for the trustees, but over the same period MPS and BCSSS members have received the following valuation surplus bonuses in addition to the annual inflation-linked increases they receive to maintain real value of their pensions:
	MPS: 20 per cent payable from 1997 and approx. 9 per cent payable from 2000
	BCSSS: 6.7 per cent payable from 1996 and 10.8 per cent payable from 1998
	The total cash values to scheme members of these post-surplus bonuses is as follows (figures for the current financial year are not yet available):
	
		
			 Cash 
			 £ millions 1996-97 1997-98 1998-99 1999-2000 
			 BCSSS 29.0 29.0 66.0 78.0 
			 MPS 0.0 23.0 69.0 76.0 
			  
			 Total 29.0 52.0 135.0 154.0 
		
	
	The department's calculation of the value of these sums at 1999-2000 prices is:
	
		
			 1999-2000 Prices 
			 £ millions 1996-97 1997-98 1998-99 1999-2000 
			 BCSSS 31.5 30.6 67.7 78.0 
			 MPS 0.0 24.3 70.8 76.0 
			  
			 Total 31.5 54.9 138.5 154.0